Intellectual Property (IP) Registration in Russia

In Russia, the laws on Intellectual Property Protection are incorporated in the Civil Code of the Russian Federation. The Civil Code was enabled in 2008 after having a lot of modifications throughout the years. The Intellectual Property Laws in Russia were last amended at the end of 2015.

1. Patent and Industrial Design Protection in Russia
2. Copyright Protection in Russia
3. Trademark Protection in Russia

Patent and Industrial Design Protection in Russia

The Patent Law of the Russian Federation provides a legal framework for Patent Protection in Russia and protects the use of utility models, unique inventions, and industrial property. Furthermore, Russia is a signatory member of the Patent Cooperation Treaty, which allows foreign business companies and organizations to adhere to patent protection in the country. Read More

Copyright Protection in Russia

In Russia, Copyright Protection is given for a term of 70 years to the nationals for the artistic, scientific, and literary works. Both public and unreleased work (including interviews, speeches, and oral creations among the usual creative art) in Russia can obtain copyright protection. Administrative texts, laws, official documents, and folklore are not subject to copyright protection in Russia.Read More

Ref- https://www.kashishworld.com/blog/intellectual-property-protection-in-russia/

How to Get your Trademark Registered Internationally?

You must have worked proactively for a pretty long time now to get to this moment. Your business company has grown steadily over the past few years, as a result of which, you are finally ready and looking forward to transforming it into a global brand. For doing the same, there is a dire need for you to ensure that your Trademark Protection extends well to the international market. As a business owner, you don’t wish to go through all that work only to have your trademark stolen by another person or have it denied outright as a consequence of not following the adequate protocol to have it affirmed in some other nation. So, let us now make ourselves familiar with how you can file an international trademark application and take your business to a global level.

1. Start by getting the trademark registered in your country
2. Going ahead with international trademark registration
3. Seeking WIPO protection

KIPG

Understanding the international differences

Although these systems help significantly in making the international trademark registration process smooth, the differences are inevitable. Hence, there is a need to stay prepared, know the differences well, and understand how you can meet them in the best possible manner to go ahead with filing your trademark application. For starters, you need to know that every country has different rules and regulations in the trademark registration process and the concepts corresponding to the terms ‘distinct’ and ‘trademarkable’ may vary as well. Furthermore, every nation has its specific grounds for refusal, due to which, there is a need to know them before filing your trademark application. You should also put in sincere efforts for ensuring that your trademark application is as specific as possible corresponding to the services or products for which you are going to use your proposed mark. It is also imperative to read the guidelines of the IP office of the nation in which you are looking forward to seeking trademark protection. If you wish to file a trademark application in multiple countries worldwide, you may get in touch with a Trademark Attorney possessing appropriate knowledge of the required paperwork and different systems.

Ref: https://www.kashishworld.com/blog/how-to-get-your-trademark-registered-internationally/

What is the Difference Between Trademark and Geographical Indication

Difference Between Trademark (TM) and Geographical Indication(GI)

Let us now consider a few points that shall help us in differentiating between a trademark and GI.

1. A trademark can be name, sign, or identity of a brand or business, which further differentiates the goods or services of one business entity from the others. A technology company is still a technology company; however, based on the manufacturer's trademark, it can be well-distinguished. For instance, Microsoft and Apple are the Registered Trademarks of individual technology companies.
   
2. A Trademark Registration is usually filed by a single business entity or individual, whereas Geographical Indication Protection is granted to a group of manufacturers, who belong to a particular location, where the good was first originated.
   
3. Only a single person, business entity, or a manufacturer can use a registered trademark, while all the producers or manufacturers in the same locality or region are permitted to the use the same GI.
   
4. A trademark can be a word, letter, numeral (or numerals), a combination of numerals and letters, hologram, sound, smell, an abbreviation, a name, or a device. However, GIs can only be names or symbols corresponding to a particular region or place.
   
5. A trademark is a result of human creativity or intellect, which further determines its uniqueness or distinctiveness. A trademark can be suggestive, arbitrary, or distinctive. On the other hand, GIs identify the goods based on their place of origin. Factors like climate, topography, human work (of a specific geographical location), amongst many others, determine the nature of the GIs.
   
   

ADVANTAGES OF TRADEMARK REGISTRATION IN INDIA

If you own something in the present highly competitive business environment, you must have a legal license to own it. 

UNDERSTANDING THE TERM TRADEMARK AND ITS REGISTRATION

What is popularly and widely known as “Brand Name” is what we refer to as a “Trademark” in the legal terms. A trademark refers to any symbol, word, logo, shape, number, letter, phrase, or combination of alphanumeric digits, which defines your service or product. Read More

ADVANTAGES OF TRADEMARK REGISTRATION IN INDIA

1- EXCLUSIVE TRADEMARK RIGHTS

2- BUILDS CUSTOMER LOYALTY AND GOODWILL

3- PROTECTION AGAINST TRADEMARK INFRINGEMENT

4- CREATION OF A VALUABLE ASSET

5- DIFFERENTIATES YOUR PRODUCT OR SERVICE

6- TRADEMARK PROTECTION FOR 10 YEARS AT MINIMAL COST

7- USE OF ® SYMBOL

8- BASIS FOR GLOBAL TRADEMARK REGISTRATION

What is Difference Between Copyright, Patent, Trademark, and licensing?

Intellectual Property (IP) is a vast and a bit complex term, which refers to the intangible creations of the human intellect. Artistic works, including writings and music, symbols, developed words, and phrases, scientific or non-scientific inventions and discoveries, all fall under the category of IP.  In the present highly competitive business environment, Intellectual Property Laws exist to encourage the continued creation of a diverse range of innovations and inventions by offering Intellectual Property Protection against unauthorized use and theft. However, many people across the globe often get confused and incorrectly use the terms defined in IP law. Read More

1. WHAT IS A TRADEMARK?
2. WHAT IS A PATENT?
3. WHAT IS A COPYRIGHT?
4. LICENSING OF INTELLECTUAL PROPERTY

Nike Secures Patent for Blockchain-based Sneakers Known as CryptoKicks

The United States Patent and Trademark Office (USPTO) has recently awarded a patent for blockchain-powered sneakers called "CryptoKicks" to the leading sportswear brand Nike. The company had filed the Patent Application this year in April to use blockchain technology for assigning a unique digital ID to its shoes and sneakers. As a creative blockchain-enabled system for recording and transferring the ownership of shoes, the patent describes how the digital assets shall be attached to the physical products. It has also further described how the ownership of the shoes would be recorded on the blockchain-based platform at the time of purchase.

As per the patent, the blockchain records enable verification of ownership instantly, with the buyers assigned a digital token at the time of purchase. Such tokens would then hold value in their own right, and can even be exchanged or traded in the same manner as other digital assets. The blockchain-based model also makes sure that the digital tokens are inherently scarce as they are tied to the production of CryptoKicks sneakers. When a customer would buy a genuine pair of shoes, its digital representation may be generated, linked with the customer, and assigned a cryptographic token, in which case, the digital shoe, and the cryptographic token would collectively represent the “CryptoKick.” The digital representation of the shoe may include a limited edition artist rendition of the shoe or a computer-generated avatar of the shoe.

Nike Again Sues Skechers Alleging Design Patent Infringement

Using this digital asset, the buyers can also trade or sell not only the tangible pair of shoes but also the digital shoe in a secure way. According to the patent, they can store the digital shoe either in a cryptocurrency wallet or any other digital blockchain locker. Moreover, if they sell the sneakers to another person, the ownership can also be transferred using the blockchain system and digital assets.

Additionally, the buyers of the shoes would also be able to “breed” or “intermingle” the digital shoe with another digital shoe for creating a “shoe offspring.” The newly bred shoe offspring can be custom made as tangible and new pair of shoes as per the rules of acceptable shoe manufacturability.

Nike's patent is an amazing example of how a company is using its creativity to retail products powered by blockchain. The patent suggests that the sportswear giant is moving towards launching more products tied to the crypto technology and blockchain-based system; however, no release date for CryptoKicks has come out in public.

Ref- https://www.kashishworld.com/blog/nike-secures-patent-for-blockchain-based-sneakers-known-as-cryptokicks/

The Importance of Patent Search before Filing the Patent Application

Though quite often overlooked, a Patent Search is indeed a valuable tool that can help the inventors and innovators to a great extent in saving money, time, and effort and avoiding the common pitfalls involved in patent prosecution. Under the United States Patent Law, the invention has to meet the patent requirements for even the Patent Application to be considered. The invention has to be non-obvious, useful, new, and subject-matter eligible. After coming up with their innovations, the inventors wish to dive straight into the patent application process. They believe that since the invention isn't there in the market yet, it automatically meets the said requirements. Unfortunately, this isn't the scenario. With somewhere around 40 million patent documents already published across the globe and a million more added to this number every year - only a small fraction of these inventions end up reaching the market. The reasons behind the same may vary, with the most general one being the inventor failing in addressing the issues at the stage of patent research, disclosure, evaluation, protection, marketing, or licensing. Additionally, there is an increase in the number of patent applications filed as well. As per the reports issued by the World Intellectual Property Office (WIPO), in 2017, international patent applications had increased by 4.5% to 2, 43,500.

Not all the applications filed are successful in receiving a patent grant. The journey beginning from the conception of a unique idea to getting the patent registered can be a costly, time-consuming, and arduous affair. Therefore, it is highly advisable to be on the right track since the starting and conduct a patent search to get a clear idea of what kind of technology already exists. Undoubtedly, it will help the inventor in ensuring whether investing any further in his or her invention would prove to be fruitful in the long run or not. Furthermore, it is also imperative to make sure that your innovation is not infringing upon any already existing IP.

AVOID EXPENSIVE INVESTMENT DECISIONS

Without any second thoughts, filing a patent application, at the beginning itself, costs a lot more than conducting an adequate patent search beforehand. Going ahead with filing the patent application without knowing whether your invention meets the patentability criteria or not - makes no business sense at all. The consequences can be harsh in the long run, due to which, the inventors must analyze the results of the patent search before it is too late.

IMPROVE THE PATENT APPLICATION

By becoming a lot more familiar with the literature available in the field of inventions and innovations, the inventors can use the knowledge to their advantage and further implement strategies to draft the patent application. It will help the inventors by increasing the chances of getting the patent registered and also make the invention "litigation-proof" in the future.

GAIN A COMPETITIVE EDGE

One of the most intriguing benefits of conducting a patent search is investigating the already existing patents and the pending patent applications. By doing the same, inventors can gain useful insights into their competitors' corporate strategies and offerings and then accordingly make the business decisions. Technology maps, created as per the data obtained via the patent search, are specifically useful in this sense as they provide a precise visualization of the R&D expenditure and diversification of the competitors.

FINAL THOUGHTS

It is quite evident now that patent search has a significant role to play in the IP Protection puzzle. Despite the initial investment made, an inventor can save quite a lot of headaches down the road. Moreover, even if the inventor is an expert in this field and believes that his or her invention is unique and original in all aspects, there are still any great ideas that have been disclosed in patents and are not yet known to most of the people around the world.

Ref- https://www.kashishworld.com/blog/the-importance-of-patent-search-before-filing-the-patent-application/